This is the original JV contract between cominere and MMCS.
https://jusmundi.com/en/document/pd...e-cominiere-et-mmcs-sunday-1st-september-2013
It was signed on the 13th september 2013, our JV contract was signed at 25th march 2017.
Manomin was create 2013 between cominiere and MMCS. Cominiere had get granted a ML/PE for all 221 quadrants on the 2th july 2011 until 2041. After JV contract the PE had been transfered to Manomin. That is the first problem. Manomin (MMCS & Cominiere) had a ML, I think that is the base MMCS is fighting for. A company that have a PE have to pay the surface rights every year on a specific date. When they don't pay it after more then 30 days of the specific date it is legal to revoke the PE.
In the JV MMCS committed that they make all the studies and drilling.
while MMCS is willing to invest in the processing and transformation of mining products within a year after signing the contract...subject to a positive technical and economic study.
Applies to both: the partners intend to organize a semi-industrial exploitation within 3 years
The big question is...did they really spend the 10 Million for the PFS? Did they Drill? Is there evidence, invoices from specialist companies?
The Problem is in the contract there is a non-disclosure clause about which geological steps have already been taken.
We have to be honest, I don't think anyone of us can find real informations about this and nobody can claim he really knows mmcs didn't do anything.
Some other interesting parts of the JV:
"cominiere has assigned to manomin its rights and interests in all of the property, including the license to use it."
one part of the Termination by cominere:
"in the event of serious and persisten non performance of one of the provisions of the contract by MMCS, cominiere will give it a formal notice to perform as the case may be within 60 days."
But in the complete JV there are no real deadlines for when the feasibility study should be completed.
I'm not a lawyer, but what worries me is that the contract have no really deadlines when what needs to be done. In order to finally be able to clearly define on this basis that a partner has not fulfilled its obligations. And the only thing I can find in the contract to revoke the PE is this part:
When they don't pay the surface rights after more then 30 days of the specific date it is legal to revoke the PE.
and another problem, we know cominiere, cami and a lot of other actors in the government are corrupt and dodgy as fuck. it sounds like history is repeating itself only that we invested more money and did a lot more work. I hope the government had a good reason why they revoked it, maybe MMCS never did one core drilling and that could be a legal reason. But when they have a PE until 2041 and no real deadlines exist, I have no idea. I don't have enough legal knowledge to be able to assess that. MMCS have fight agains AVZ in a DRC court and loose, but the courts in the drc are not the best and dodgy too. And MMCS have loose in Australia, but with the reason that it is not the country of jurisdiction.
and the minister of portfolio has already made a 5% concession to close the ICC case. Which is also like an admission of guilt. And it looks like the case is not closed and goes to the final judgment.
I remember that Momentum said in a conference that after giving the 5% to MMCS the government had create a precedent. Yes we have good legal title, but had MMCS good legal title too in the past? I pray to god, that they don't have it. but why are you offering someone 5% when you were convinced they didn't deserve anything?
after that Link:
https://www.opinion-info.cd/societe...s-severes-contre-les-mandataires-de-cominiere
Acaj blames cominiere. Cominiere corrupt, Klaus who made the deal in the past is corrupt. Now Cominiere acted again corrupt with help of the government. a typical pattern.
Maybe i'm wrong, maybe the chance is 0.0000000000001 percent, but i think there is a risk that we might lose the license.
but in the end it can also be that mmcs can only sue the state drc for damages and for money. And that the license cannot be returned like the IGF said. the problem is that we get absolutely no information what we are really dealing with. And who can be sure that the IGF have the complete knowledge in that shit system.
I don't want to scare anyone, but I think it could be a serious problem. Hopefully not for us and only for the DRC. When MMCS really had made drillings and spent over 10 million and did nothing wrong....only if it's true and they were a victim of the system too.... I think they deserve the 5%. We will probably never find out what the truth is in the end. we either get a license or we don't.
WELCOME IN THE DRC A COUNTRY YOU WANT TO INVEST YOUR MONEY!!!! THE BEST WORKING ATMOSPHERE!!!!